New York Law School Reporter
17 L Advice Mania! l
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Pages 3, 4, 9 Ombudsman Page2 Events Page 8
NEW YORK LAW SCHOOL
REPORTER
Parking Changes Page6 Housing Page 5 Classified • Page 11
ESTABLISHED 1984
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$$$$$$$ CASH Staff Reports As law school applications drop and the costs of running a quality Jaw school rise, it becomes increasingly difficult to keep up with the Jones'. Law schools must either let in more students (and subsequently less-qualified students) from a smaller applicant pool or. they can raise tuition on those here to pay the bills. Fortunately, NYLS has not opted for the first choice. In an effort to defray some
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' of the added tuition costs, NYLS is auctioning off the use of our parking Jot to the highest bidder. Commercial parkers are currently vying for the right to manage the Jot, which physically would essentially remain unchanged. The new management is expected to park '1ockey" style as opposed to self-parking, which would increase the number of spaces available. As part of the arrangement, NYLS faculty and staff have 50 spots reserved, which will be taken on a first come first serve basis daily. Although there are 70
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and Reconciliation Commission. Mr. White is available in the Reporter office, or by letter, to discuss any topics these ''We tied his hands and feet together and hoisted him articles raise. upside down from a tree branch. We applied a shocking The above testimony is device to his private parts and finger and began to shock. from one applicant in what may We did this with the intent to gather information that he tum out to be hundreds of Amhad concerning the robbery. After a while, we became nesty Hearings in the new Rethirsty and sent one of the black assistants to get some cool public of South Africa. The hearings purpose is to absolve cerdrinks. I got some liquor from the car because no right tain individuals for criminal acts thinking person could do this kind of business with his
South African Amnesty
Moot Court Welcomes Justice Scalia Staff Reports The 1996 Froessel Moot Court Competition will have the distinct honor of welcoming Supreme Court Justice Antonin Scalia to sit as Chief Justice. Moot Court Chair Michael Griffin is extremely excited, saying he "could not imagine a more prestigious final round bench for any competition in the country".
By David A. Drossman
Summertime can be a stressful time for law students. Internships, connections; networking, and wearing a suit in 90 degree temperatures can cause high blood pressure and premature grays. Now that we are back for another year, the key to avoiding all of the stress pitfalls that many fall into is not to take everything
Justice Scalia, a native of nearby Trenton, New Jersey, attended Harvard Law School earning a position as editor on the Law Review. A self- described textualist on constitutional matters, Mr. Justice Scalia was plucked from the United States Court of Appeals for the District of Columbia by former President Reagan and instated on the Supreme Court in 1986. While he never sat on the Supreme Court, NYLS alumnus and former professor Charles Froessel was a member of the New York State Court of Appeals bench. Winners of the Froessel Competition go on to compete intermurally as members of the Moot Court Association.
too seriously. Success happens for a reason, and most of the time you have no say in the matter. Pure luck and chance control our fate. You may put in 15 hour days of studying, seven days a week. Or you could work two jobs and take classes at night for four years of law school, but you may not get the right job or make as much money as you thought you would. You still might decide after it's all over that law is not for you. Most Jaw students have not wanted to become lawyers for as long as they can remember. However; most of us have written that on their law school applications and resumes in one form or another over the years (don't knock it, it really works). And having those dreams for the last 20 years it doesn't make Continued on page 7
SEPTEMBER 1996
2
The New York Law School Reporter
Sound Off To The Ombudsman
The New York Law School Reporter Editor-in- Chief David A. Drossman
EDITOR'S NOTE
Managing Editor J. Patrick White Technical Editor Alexandria Mabry Contributing Editors Jaci Pickens Columnists Cristin L. Flynn Writers Barry Block Gila Garber Beatrice Levene Ombudsman Ombudsman Special Thanks To: Kimberly Auerbach Fred DeJohn Sally Harding Lance L. Lionetti Karen Shelton Christo her G. Waldron
would like to take this time towelcome back all continuing students and extend a warm congratulations to all new students. Over the past few years, the Reporter has become a close link between everyone in the NYLS community. As Editor-in-Chief, I will try to continue that trend and expand on it to provide every student, faculty member, administrator, and employee of NYLS the opportunity to express his or her views. A quality student newspaper demands participation and support from everyone involved in the educational process. When there is a free exchange of ideas and thoughts, problems · are solved and we can concentrate of becoming lawyers instead of why there is no toilet paper in the bathrooms.
At this time I would iike to extend an invitation and request to the entire NYLS community for contributions to the Reporter throughout the school year. To those not interThe Reporter, New York Law ested in participating on the Reporter, this is our School's Student Newspaper, is a _chartered school and our lives so get involved and try to student organization. The Reporter is inde- make a difference.
pendently published by its student members and is printed periodically during the school year. The Reporter welcomes submissions from all students, faculty, alumni, staff, and ::....--other members of the.legal community. All contributions are given high regard, and input by contributors is welcomed. · All contributors are given the oppor~ tunity to review their submissions before the newspaper is published, subject to considerations of time and practicality. Our editors, at the request of the contributor, can assist with formulating and writing an aralready wri ticle. turning and Authors of articles submitted to the As the new Reporter are ultimately responsible for the veracity of any article submitted and accepted for publicati(m. The views reflected herein are those of authors, and not necessarily those of the Reporter, New Yrok Law School, or of any editor or staff member. Letters, article submissions, and other correspondence should be addressed to: Editor-in-Chief, The Reporter, New York Law School, 57 Worth Street, New York, New York 10013-2960. The number of the Reporter is (212) 431-2100 Extention 4202, and the fax number is (212) 966-1522. Articles should be submitted on an IBM formatted disk with a hard copy to the Reporter at the above address or to Room LS in the basement of the "C" Building, New York Law School. THE REPORTER RESERVES THE RIGHT TO EDIT ALL ARTICLES AND L~TTERS TO THE EDITOR. COPYRIGHT
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ack to the Reporter. , will be focusing finding s that go school paxpressedin servative, he rked) and I (a <L•u,, """'produce this en we should, boutanyabout
te, Managmg Editor
A~ Ombudsman investigates reported complaints (from students or consumers), reports findings, and helps to achieve equitable settlements (Webster's Ninth New Collegiate Dictionary 823, 9th ed. 1983). The Reporter's column 'Sound Off To The Ombudsman' is presented for entertainment purposes only. The Ombudsman invites all comments, "beefs" or questions for publication in this col·urnn. Letters will be selected, published and addressed as the editor sees fit Send all sumbissions to the Ombudsman, c/o the New York Law School Reporter, 57 Worth Street, New York, NY 10013, or drop off your submission at the Reporter office. located in the student center; the basement of the "C" building. Dear readers, I am the new ombudsman, and I am here to tell you all those deliciously horrible and wickedly amusing things that you enjoy hearing. I.will still be answering your questions . about school related policy, but I will also be ·expanding the format of the column this year to include questions about personal relationships, sex, entertainment, and anything else that you would like to ask me. There are no rules this year, and I am very much excited about my new position. The questions have already been pouring in, and I have chosen the following two to answer: Q: I am a second year female student, and I just broke up with my boyfriend. I have been out ofthe dating scene for three years now, and I am anxious to get back in. How do I get these boys at NYLS to notice me? · - desperate dater A: This question requires me to make one of two assumptions: either you are so devilishly ugly that the men on the kitchen staff wouldn't be with you, or you are very shy. If you are devilishly ugly, don't worry, there is still cyber sex. If you don't have a computer, still don't worry, because all men are pigs, and eventually one of them will get drunk and try to take you home. I suggest going to Stan's on Friday afternoon, because it's dark, and no one will get a direct look at your hideous face. If shyness is your · biggest problem, I would like to offer you the Ombudsman's "Dates for Dummies: A Guide For Shy Women_;, Don't worry, there is also one for men. 1. Wear thigh high nylons to every class, and cross your legs as often as possible 2. Sneak into every men's bathroom on campus, and write the following: "I am a very naughty woman, and I need to be spanked. If you are interested call (insert your telephone number here). " . 3. Wear thigh high nylons to class, cross your legs as often as possible, and chew on your pen in a seductive manner (don't bite the tip oft). 4. Go to an Irish Law Society meeting. They never do anything, and they're always drunk. Someone will hit on you, believe me. 5. If all else fails, wear thigh high nylons to class, cross your legs as often as possible, chew on your pen in a seductive manner, (don't bite the tip oft), and slip a hit of ecstasy into every inan 's drink before class. . This plan is fool proof, and if you don't get any dates, you must be so ugly that no one would even have cyber sex with you! Continued on page 4
1996. SEPTEMBER 1996
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New York Law School Reporter AFRICA, Continued from Page 1 committed under apartheid. To receive amnesty · the applicant must show their crime was politically motivated, proportional to his obje~tive, and give full disclosure of the act. If the applicant can accomplish theses three things in front of a panel of advocates and judges he will be granted amnesty from both civil and criminal prosecution. In the above incident, a white employer felt one of his workers was involved in a robbery at his place of employment. The white 'baas'
Barry Block's 8 Step Guide to Getting an ''A'' in Law School
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law. If you do not have the time to make up your own outline, look for someone el~e's. Caveat: Make sure the outline you get 1s from a superior student. I have seen many, man~ outlines that have serious factual errors m them. A bad outline is worse than no outline at all.
Continued on Page 5
By Barry Block '91
claimed the action he took was political and proportional in. that he felt the money stol~n wa~ to be used for the "onslaught" of black hberat.Ion movements. Eventually, the young black worker being tortured by his white boss died of multiple
This will be the most important article you read during your Jaw school career! By reading and following the advice in this story, you should be able to get an "A" on every exam you take.
gunshot wounds. . Death, however, did not come easily as the young worker was continuously shocked _w~e susp·ended over a scalp searing fire from mne m the morning until well into the night. He was eventually executed and set afire. The next morning, realizing one of the victim's arms had not burned sufficiently, the arm was hacked off with an axe and tossed from a car window. (The Committee has not ruled on this application yet, but it did not look good for the applicant when one of the Committee members shouted "This is murder!" at the applicant during testimony.) By holding these hearings the nation hopes to help the post- apartheid healing process and avoid the continuing divisive racial strife in places such as the United States. While the concept of granting amnesty to people responsible for murder seems incomprehensible to certain Western thinkers there seems to be a genuine feeling of hope fo; the process in South Africa, especially among blacks. Many blacks feel a need for the Amnesty H.!ari.ngs as a route to freedom for certain liberation fighters and former political leaders from the J980's. Most of the educated blacks I talked to proclaimed the Amnesty hearings a good thing but pragmatically confessed there would have to be political trade-offs between the white Nation~ Party and the black African National Congress 1f the process was to succeed. White South Africans had less overt faith in the process, but when spoken to privately they seemed to hope it would work if for no other reason than to help move the country forward and put the past behind them. Some whites even welcomed the hearing as an investigative and educational tool. During a conversation with a middle age white woman in Knysna (on the eastern coast 0 ' South Africa) she explained how she was born and educated in South Africa yet had never heard of Nelson Mandela until his election c ·t1aign. This woman was hy no stretch ~ ::ia• liberal but she re· meth1 ..g to learn Overall, the social position.., "the I JIUlesty l-4earings is the same as that of most things in South \frica: c0nfus -ctet. ~haos with ~ ri eye to the future.
I use the special qualifier "should" because of the special grading curve at NYLS. It seems that a dean decided that the way to improve our school's academic standing among the hiring community would be to institute a se~ere grading curve, with a "C+" grade as the med1~. However, hiring partners know the magic number is class rank, not GPA. Nevertheless, a transcript loaded with "C's" looks bad when compared to another school's "B" or "B-" curve. Given the almost insurmountable obstacle of getting an "A", one might be tempted t~ ask, "If only eight to ten percent of any class will receive an "A", why should I keep on reading?" There are two answers: I) It is very possible to get an "A" grade (my first grade was a "D" in Legal Method, but I succeeded in getting fif~een subsequent "A's") and 2) Even if you fall a little short of an "A", your overall GPA may be improved.
DON'T GET CAUGHT WITH YOUR PANTS DOWN.
• •
My Suggestions: (1) Go to class. This might sound a little
READ· THE NYLS REPORTER!
obvious, but it's not. There has been the occasional student who rarely attended class but st.ill received an "A". This is possible in cases where the student found a ·gc.od .line, or where the professor expected the student to recite black let· ·r law. The problem with not attending class is thar you lose the opportunity to get the "flavor" c.f u1e instructor. An outline can abstract everything that the professor says, but it cannot capture his or her intonation. ML & P will be accepting applications for (2) Pick up the "vig". That's the slang 1996-97. See Carl Billek or Eric Slater in Room expression I have for the extra 1/3 grade you can L2 in the lower level of the "C" Building for more get for class participation. From an appearance information. standpoint, an "A-" looks a lot better than a "B+". How to get the vig is an article in itself. In the meantime, keep in mind that you don't get Next mom · lie Reporter will feature a proit if you sit in the back of the class and never file of the Truth und Reconciliation Commission, open your mouth. It's better to make a fool of . a sister program of the Amnesty Hearing meant yourself in law school than in court. So ask your to foci' m the victims o a artheid crimes, not questions now and save some embarrassment the perpetrators. later. (3) Prepare a good outline. You cannot possibly remember all the miscellaneous odds and ends that you learn in an entire semester. The challenge is to separate the wheat from the chaff. 15001tWw.y itPnl'Jua, Sslu9)1 A good outline is short _a,-;d concise. It should ~Ym,U. 100'6 ._,.,MAOUJ6 (JU) 11HJOO (aatH72...'9 (611) '9HtH (BOO) "'-1.tn condense the really important cases and rules of
MEDIALAW& POLICY
TIIEP~RD:
SEPTEMBER 1996
4
The New York Law School Reporter
Advice For First Year Students By Alexsis Troy Although according to the calendar there are a few weeks left to summer, let's face it: summer is over when school begins. So as we say goodbye to summer and hello to New York Law School, let me, as a second year student, give some friendly advice to the lL's who are probably scared out of their wits at the prospect of starting law school. First I will offer advice about each first semester class, then I will offer some advice about the first year in general. Okay, you've made it through the first three weeks, and if you can sit through Lawyering for five days, twice a day, you've already won half the battle. Lawyering is basically a test of your patience, and by the time you are finished with that class (which mercifully ends around mid-October), you will wish the granite had falien on Patrick Glennon's head so this lawsuit would never have been started.
"Lawyering is basically a test . of pat 1ence ... " What everyone says is true for the most part--if you are into Lawyering and participate you will get a lot out of it. But if you' re not into it and couldn't care less if the granite was white, red, orange or purple, bring plenty of crossword puzzles to bide your time as the clock slowly ticks. Torts was a subject that I actually enjoyed. Here you will learn·that if a midget threatens to punch a six foot tall bodybuilder he is liable for assault, that a six year old chair- puller can be sued for battery, and that if you are blind and fall into a hole on the street it's your fault In torts, negligence is the most tricky topic you will encounter. Other than that, it is a really good class. Civil Procedure, on the other hand, is a really important class but it is boring and difficult' to grasp. My advice for this class? If you don't have Professor Belly and his infamous jurisdictional triangle, this subject is a lost cause. Good luck (you'll need it). Contracts was another subject that was pretty good even though some of the concepts were difficult. All you really need to know first semester is offer/acceptance, consideration and remedies, and the millions of things that go along with them. Oh; and l cannot forget the infamous UCC ! It is no coincidence that when you pronounce the Uniform Commercial Code it sounds like "uck." But do not despair--the exam is only 3 hours and it is usually open book.
thing about this class is that you will learn a lot. Also, be thankful that you don't have the horrendous book we had last semester. And one more thing--DO NOT BUY BEDFORD BASICS!!! It is a waste of money.
Subject matter jurisdiction In personam jurisdiction Pennoyer v. Neff
If you don't know the
difference between an adjective and a verb by now, you may as well save your money and go to Stan's. If you don't know the difference between an adjective and a verb by now, or if you don't know where a corruna goes, you're hopeless anyway. You may as well save the money and go to Stan's. So there you have your fall semester in a
Your ofessors are just people, and they're p for · ng if you don't know the answer. Just be better prepared next class. Finally, probably the best advice I can give is to RELAX! It is only school! There is no rea.son why your life has t~· be over. The school is nice enough to give you a day off for crying out loud ! Just remember that everyone is in the same boat and that no one knows any more than anyone else. If, after you have been reading a case for over two hours and still don't kriow what is going on (Fennoyer v. Neff anyone?), do not stress. Get up from your desk, close your book, get your frustrations out by dancing to a little Madonna, and go to bed. Chances are, no one else knows what the case was about, and you can be happy with the .knowledge that you are no more clueless than anyone else. Believe me, they are. Good Luck, and . have a great first semester.
Ombudsman, continued from page 2
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nutshell. Here are some more parting words to make your first year more enjoyable. -Make friends with upper class students . and get their outlines--they come in handy during finals. Of course, you should make your own also. · -Do not go crazy in the bookstore buying every study aid and book that says "First Year Help Guide" or something to that effect. Believe me, I know from experience, you will never have a chance to read everything. Just buy Emanuel's. -Resist the urge to throw your. book at "Hypo Man" or "Question Boy," or the person raising their hand to answer every question and rambles on, never getting to the point, just to hear the sound of their own voice. They wilJ be in your classes, and senseless violence is never the answer. Writing notes on your dividers will make your neighbor laugh and help you ignore Finally there is Legal Writing and Research. what these long winded time wasters have to say. Unfortunately, legal research with Professor Reuscher only lasts a few weeks. This class is not only helpful, but Professor Reuscher manages to make it funny! Legal writing, on the other hand, is not very fun or funny at all. Here is a two credit class that should be at least three. This class is the most likely reason why people say the first year of law school is so hard. This semester, you will do -If you should get called on, do not turn memos and a legal letter. red and proceed to say "um" fifty times in a row. My advice? Listen to everything your Try to answer the question as best you can. And teacher says. Forget what the book says--the au- if you can't, simply say "I don't know." What's thors aren' t giving you your grade for Pete's sake! the worst that can happen? So you And speaking of grades, remember that a poor on look like a morori for a few rninutes--big deal. your first memo is excellent grade! The best It's happened to me many times, and I'm still
''This class is the most likely reason why people say first year is so hard."
Resist the urge to throw your book at "Hypo Man" or "Question Bov"
an
SEPTEMBER 1996
Q: Will we ever see an end to all of the fliers that constantly adorn the walls of our school? . Flier Weary A: I'm glad .you wrote to me. I am currently devising a master plan to de-flier the whole campus. Although I can't tell you much, I can tell you that my secret police force known as the "Ombuds Men," and I plan to penetrate the Flier Cartel, which is controlled by the Colombians. We are going to hit everybody associated with this sick epidemic, including the people who cut down the trees to get the paper, the chemists who take the paper and dye it neon pink and green, the pilots who ship it overseas in their sick 'little planes, the typesetters who print up the messages, the heads of all of the on campus clubs and organizations who buy the product, and all of their distributors. This is an alJ out war on fliers. I am·planning midnight raids, camera surveillance, undercover agents who will get into the clubs and organizations, and find out how they operate. There will be special copy machines on campus which will automatically fingerprint the people who make duplicates. I promise to get these people off of the str~ts and away from our children. I will also send people into our schools, and teach children about the dangers of this practice. I will petition the president to make it a felony to distribute fliers within one hundred feet of NYLS, and I will set up special detoxification centers, so that these people addicted to fliers can seek counseling and education. My plan, if completed, wiJI rid our country of every single flier (except for Eric Lindross), and it wiJI once again be safe to peruse the halls of our campuses, and make NYLS the outstanding flierfree institution that it once was.
New York Law School Reporter
NYLS HOUSING UPDATE
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By David Drossman After a year of complaints and problems with student housing a year ago, the NYLS housing Office has made the switch from the Henry Hudson Student Residence to the St. George Hotel in Brooklyn Heights. Out of 100 rooms initially leased from the Henry Hudson, slightly . more than half were taken by NYLS students. After the first semester, that number dropped to only 46. An unresponsive union staff and bureaucratic management combined to drive many NYLS students away after the first semester. The tight quarters (8' X I 2') of many rooms, roach problems and phone rates that cost more than clearing out the courtesy bar in a room at the Plaza also compounded the problems. Located at 353 West 57th Street, location was a redeeming quality for the Henry Hudson. To the east is a posh, touristy area with close proximity to Central Park allowing students to enjoy an exciting area of midtown. However, to the west across Ninth Avenue could be a dangerous adventure at night. Overall, most students felt safe and secure with a 24-hour doorman watching their back.
OPEN HOUSE TODAY In years past, NYLS had leased vacant rooms from New York University dormitories. Unfortunately, increased enrollment at NYU forced them to take back their rooms and purchase additional buildings to accommodate their students. Left high and dry, NYLS. quickly found the Henry Hudson, which turned out to be a shortterm solution: This year promises a whole new experience for NYLS students taking advantage of student housing. Just across the Brooklyn Bridge lies the St. George Hotel, nestled into what has been called the best neighborhood in Brooklyn. With a beautiful view of the Manhattan skyline and a friendly yuppie crowd, the area surrounding the St. George
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delivers a distinctive old world atmosphere, with many buildings dating back to the l 800's. The feel of Brooklyn Heights is definetly big city, without the sounds of large trucks , Harley Davidsons and angry taxi drivers to keep you up all night. Karen Shelton, Director of Housing at NYLS chose the new location based on its convenience (two stops on the 2, 3 trains to Clark Street) and the newly renovated rooms. Rooms at the ~t. George are available in two sizes for different prices. Small singles are 115 square feet and cost $650 a month, while large singles are 150 square feet costing $820 a month. Both room types offer full furnishings, including bed, desk with hutch, full private bath, air conditioning, carpeting, refrigerator, etc.. As an additional improvement NYNEX phone service will be offered, promising reasonable rates and phone bills that won't be confused with the rent bill. Out of 100 rooms leased by NYLS, 56 have been filled. Another concession achieved by NYLS Housing is greatly discounted membership at Eastern Athletic Club, only a few blocks from the St. George. This appears to be a promising year for NYLS Housing, but eventually the school needs to provide its own housing by purchasing a building to be converted to dorms. Although rumored about for years, it is time to show students that their tuition increases are going somewhere besides silk-lined pockets.
(4) Consider commercial outlines and flashcards. These are not substitutes for your own work. They can, however, serve as an effective method of putting a topic or subject into perspective. There is also a considerable reinforcement value in seeing the same cases and rules restated in a different form. (5) Read the professor's old exams. You can find them in the library. Make copies early in the semester, before less ethical students steal them. If they are already stolen, ask the librarian or professor for copies. Old exams allow you to really get into the head of the professor. In many cases, the same issues recur in subsequent exams. Practice taking these exams under test-like conditions. Afterwards, dissect the exam to see what issues you missed. Discuss your analysis with other students or ask.the professor about any areas of which you are unsure. Check to see if your professor bases his question on recent or pending Supreme Court decisions. This is likely, because such cases provide for good fact patterns involving topical issues.
"Given the almost insurmountable obstacle of getting an. ''A'', one might be tempted to ask, 'If only eight to ten percent of any class will receive an 'A', why should I keep on readin ?"
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(6) Sign up with a good bar review course in your first year. You will eventually be tested on most of your law school courses after graduation. Courses such as BAR!BRI have prepared outlines and other materials which you can receive as early as your first year. In addition.some courses provide video tape lectures which condense an entire semester's work into a four or five hour session. In these sessions, the speaker often clues.you in on the favorite trap questions that professors love to ask. These materials can be very useful, and you will eventually have to sign up anyway. Why wait until after you graduate?
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•••you will eventually have to sign up anyway. Continued on·Page 6 SEPTEMBER 1996
6
The New York Law School Reporter
NEED NYLS ISSUES TO KNOW NYLS SELLS OUT
Continued from Page 1
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spots available for faculty and staff now, on most days only 50 spots are filled at any one time. The major impact will be felt by guests, vendors, and students who use the lot during the week. Although the 10 student spots which had previously been auctioned off will be eliminated, there will still be unlimited student access on weekends. The NYLS Director of Finance chose to go this route because qf the additional revenue it will bring to the school, the minimal inconvenience and the added security. The property is one of the few areas where the school has the flexibility to maximize the space economically. Expected
Block, Continued from Page 5 (7) Type your exams. This of course assumes you can type. If you cannot type, consider taking a course, since word processing is more and more becoming an essential skill for attorneys. Imagine you are a professor and have just graded 23 semi-illegible papers. Now you have come upon a crisp, clean and easy to read paper. If you have just given a sloppily written paper the "C+" that it probably deserves, you can certainly see giving this paper an "A" or a "B ". Caveat: If you are not prepared or organized, stick to writing the barely legible paper. Typing will only amplify your un. preparedness or disorganization. (8) Outline your answer. Do not just start writing in a stream of consiousness manner. The most important steps in writing a top paper are: * The call of the question. What does the professor want you to answer? * Read the question again; this time circling the key dates and facts. At the margin of each paragraph note the issue being discussed. * Organize your answer. This is perhaps the most important step. The professor will give you a convoluted exam involving multiple fact patterns and parties. There may also be a few "red herrings" thrown in to try to distract you. The worst ¡ thing you can do is write a convoluted answer. Organize first by parties (e.g. the rights and liabilities of A vs. B), then by issues.
Organize your answer. The worst thing you can do is write a convoluted answer.
for potentially higher bids. to bring in over $100,000 a year, the new lease At any point in the lease NYLS can autois expected to begin sometime in October and it matically terminate the arrangement if a decision will run for 3-6 years. is made to build on the property. At this point there The leasing of the lot will bring added seis not enough of a demand for new space to justify curity as someone will be outside the building spending $20-$30 million on a new building, but most of the time. In addition, snow removal will it is a possibility if the situation and space needs of be done by the lessee and NYLS will save money our school change. by the elimination of security guards posted at The money to build this new building could the gate. come from investing the money from the parking The anticipated short term lease would concessipns or through a capital campaign, but the give NYLS the option to regain management in NYLS Director of Finance said it would be funded only a few years if the arrangement caused probby student tuition. Ideas on construction of a new lems. Or NYLS can test the marketplace again building, which is a long way away, include one combining housing and classrooms.
i\IARY CAi\IPBELL (;.\LLA<;llER . .1 . D .. Ph.D.
SEVIEMBER 1996
* Start your paper by mentioning each issue. Most of your grade will not be based on whether you came to the right conclusion (after all, reasonable courts often disagree), but rather on your abilities to spot the issues to be decided. * State the Black Letter Law. This alone will not get you a lot of credit, but it certainly won't hurt. It lets the professor know that you have done your homework. * Apply the law to the facts . Show how the particular facts in this case call for a particular result. Often the fact patterp will consist of an exception to the general rule. If you want to pick up some points say, ''!But if the facts were contrary, the conclusion ~ould be different because. * State.your conclusion. This is the least important part of your answer, but nonetheless, the professor is looking for the "correct" answer, so state it. * Prove your answer. It is quite possible to leave out a very important word here or there, like writing "now" instead of "not". Spelling and punctuation can count, if only subliminally. *Do not forget to allot your time appropriately. Time pressure is an intrinsic part of law school exams, and you cannot expect a professor to give you credit for the response "out of time" scrawled across the bottom of the page. Keep an eye on the clock and pace yourself accordingly. Remember, the name of the game in law school is competition. Not against fellow students, but against yourself and the substantive matter being studied. I hope you will take my advice to heart and I hope even more you write an "A" paper.
New York Law School Reporter
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MONEY*GREED*POWER Continued from page 1 anyone here better than someone who just decided to come here to avoid getting a job. Almost everyone who says that they've always wanted to become lawyers are full of it, so don't feel any pressure to compete with them if you are just here for the money. Regardless of how we got here or why we first decided to go to law school, the point is that we are all here. We are not all geniuses, we do not all study ten hours a day, and if we read the 'Post' or ¡the 'News' over the 'Times', who cares? Those treating every action or reaction of theirs as if it will make or break their careers will be unhappy people, before and after graduation.
Most law students have not wanted to become lawyers
Let's leave the whining and pouting to those students on the eigth floor and the rest ofus can become professionals... The reputation of the next generation of lawyers depends on our professionalism and conduct developed in law school. Our personal growth and the improved reputation of our profession begins today, arid continues throughout our professional careers. The next time you have the urge to purge when you receive a poor grade or if you feel bout with jealousy and hatred coming on, remember that we are all here together to learn and grow, not become bitter, spiteful coleagues. Let's leave the whining and pouting to the top ten percent of the class and the rest of us caq.pecome lawyers.
a
Article Submission Deadline for the October Issue is Tuesday, September 24 since they first saw one on TV. ..
TRAVEL THE WORLD
It's easy to get caught up in the fervor of grades, jobs, internships, 1c1.;comendations, and networking. Often I find myself falling into the same trap. Other students talking about their class rank and influential people they know fosters a more competitive and hostile environment. I get angry when I am not satisfied with a grade, while others who seem to do half the work get double the grade. In the end none of it matters on the bottom line of life, but for a split second I hate that person, then my sanity returns. What has happened to me, I ask myself. People I respect and am happy for tum to enemies over a letter or number? That is not the type of person I am, and I hope that this disease is not as widespread as I am frightened it is. At Columbia and Cardozo Law pages are ripped out of books at the library and purposefully misshelved to make work more difficult for other students. What is this generation of lawyers turning into? It is very easy to get caught up in the fervor and forget that we are here to better ourselves.
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As an undergraduate student grades were of less importance to me as finding a direction for my life to follow. If I was preoccupied with grades and connections I would never have discovered that I was made for the practice of law. And in the end, grades did not matter when applying to law schools because my desire and focus on this field came through in my writings and interviews.
''And in the end, grades didn't even matter... '' Now that I am here, the same search continues for direction, with grades as an afterthought to learning. In twelve interviews for internships and summer positions, grades or rankings were never mentioned, because most employers look for enthusiasm and character in their employees over numbers on a sheet of paper. One of the great things that New York Law School has to offer is its education-friendly environment. That is very important to me, and it is one of the first things I tell people thinking of joining us. If we all fall into the same traps that students at Columbia and NYU Law did, then that user-friendly environment will be lost. We must catch ourselves when jealousy and competitiveness takes over to prevent our school days from becoming a much more unpleasant .and ruthless experience.
SEPTEMBER 1996
WITH THE REPORTER
· New York Law SchoorProfessor Ross Sandler, the Director of NYLS's Center for New York City Law, invites you to the "City Law Breakfast Series", featuring discussions with important decision makers who focus on public affairs and legal issues involving New York City, its governmental processes and its policies.
EVENTS ...
HO~. HENRY J. STERN, Commissioner of Parks and Recreation
The Center for New York City Law Breakfast Schedule for 1996-97
Friday, September 27, 1996 Park.· Politics and City Government: In That Order. RICHARD COTTON, General Counsel of NBC and Chair of The Primary Care Development Corporation Friday, October 25, 1996 Health Care in New York City: Public/Private Efforts To Improve Primary Health Services.
All Law Breakfasts begin at 8:30 A.M. and take place in the New York Law Faculty Dining Room. Please enter at 47 Worth Street. Admission if free, though reservations are reccommended. For reservations and information contact The Center for New York
GRETCHEN l)YKSTRA, President, Times Square Business Improvement District Friday, December 13, 1996 New Year's Eve in Times Square: Running the World's Biggest New Year's Eve Party. ·
...
ROBERT F. KENNEDY, JR., Professor, Pace Law School; Chief Prosecuting Attorney, Hudson Riverkeeper Friday, February 28, 1997 · Pure Water for New York City: Protecting the Watershed. HON. RUDY WASHINGTON, Deputy Mayor for Community Development & Business Services Friday, March 21, 1997 Minority Owned Businesses: What We Need To Do Now. HON. ALAN G. HEVESI, Comptroller Friday,April18,1997 The Comptroller's Office: Budgets, Audits and Politics.
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New York Law School Reporter
Mission: IInpossible By Cristin L.
Fl~ nn
The first few days of a first year's law school experience are spent with Paula Graham and Anne Rasmussen, those reckless drivers in Colorado who had an accident in Daddy's Trans Am. Every student had read Anatomy of a Lawsuit from cover to cover, and were ready to litigate Patrick Glennon's granite problem as if it were the trial of the century. The beginning of the second year saw a metamorphosis for many students who decided to compete in the Froessel Moot Court Competition. Many a dazed student sat, staring at the computer screen on the second floor of the library thinking, "I am doing this voluntarily?" The reasonable person would never agree to cut summer vacation short by a month, read 1,000 pages of Supreme Court case law, write and rewrite a brief and then argue at least three times before a panel of judges fresh out of the KGB 's Hostile Tactics School. Other second years were preparing for the hell that quickly became Journal or Law Review office hours, and the cite & source hell that is required for publishing any edition of our school's journals. Those that were smart enough to keep their time in school to a minimum spent a tremendous number of hours pursuing internships, jobs, and career-oriented activities. . But the beginning of third year is a thing fby1;tut . tudents who had good enough grades r connectipn are well rested after two weeks of acation after e summer associate programs have nded. : I1, .0¢.er have taken time off, and are put· , g the .fi.~is ·ng touches on what loo an 1 1 readYi perfe tan. However, the who e con ept (doing adu schoolwork won't kic n for vral ;-yel!ff' ~ that is the pleasure of ng a thi d ear. 1111 . After
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out on a rooftop, or even wondering why those the best way to seek revenge against those who new benches out in front of the Federal Building did was to write the New York State Bar Exam. at the comer of Worth and Broadway are lime Our revenge, of course, is that those same green. 5 miserable people who wrote the Bar have to As third year students enter their last year read 8,000 versions of the same answer to their of education, it is with an interest in the same things questions without the pleasure of a handrwiting as in the first year of kindegarten. Lime green expert. benches, where to get lunch, when are loved ones As for our friends with light years to go coming home, and the all important bedtime. on the path towards a legal education, a few words By the third year, priorities seem to have of advice. In your first year, panic. It's a requireshifted away from the quest for legal enlightenment to the realization that the most important part of law school is energy conservation. Energy should not be wasted on anything that is not absolutely required. This concept should be embraced by all third years who have witnessed friends and loved ones recently tortured by the New York State Bar Examiners. We, too, have only 11 months before the epiphany of law required for the bar forces our brains to spontaneously combust on the last Tuesday and Wednesday of July. This way, all third years take license to eat more, sleep more, study less, take more naps, drink often, huddle with friends on cold days to preserve heat, and take lots of deep breaths and long walks. All of the excess energy. conserved this year will be expended on the Bar, which takes about as long to study for as walking from Georment. In your second year, run. If you have time gia to Maine on the Appalachian Trail. to sit down, you're doing something wrong. In As a result of this self-inflicted demon, your third year, don't move a muscle. You'll need third years will live this entire year in fear of the that energy soon enough. Bar Exam, the two-day, multiple choice and essay exam written by 5 attorneys in Albany who weren't smart enough to get real jobs, and decided that
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In those days, it was customary to give up working upon marriage. Thereafter, I remained at home raising my three sons for a period of 27 years. In 1963, I returned to part-time employment because of my husband's illness. (Eventually I returned to full-time employment after my husband's passing). During those years, I had no difficulty finding positions, either on my own or through employment agencies; accepting whatever was offered in law, business, banking, insurance, etc .. By actual count, I reached 156 positions and assignments ranging from on o 13 years at osition where I am now emplo ed. n , after return g to ork after 27 e, lectric typew · ers an dictaphones an e sy terns ere ated no yet av · ab e. In th ntameasecr t al pools s. Att me s sp cialize s to han ' le very as
Beatrice Levene f ignoring the concept of "required" or "not op. onal" coursework. and form: Rollerblading ~n Central Park, hanging
worked, the att meys maintained a collection agency in additon to their practice.
SEPTEMBER 1996
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A TIME TO KILL Starring Matthew McConaughey, Sandra Bullock, and Samuel L. Jackson It seems as though a new John Grisham novel comes to the big screen every other month. The latest adaption is of his first novel, "A Time To Kill". This Joel Schumacher directed vehicle stars newcomer Matthew McConaughey as Jake Brigance, a young righteous Mississippi lawyer hired to defend a black man, Carl Lee Hailey (Samuel L. Jackson), on trial for murdering two locals who raped and almost killed his daughter. Mr. McConaughey, touted as the next big thing, does have definite "Tom Cruiseish" star power. Walking with a confident swagger for most of the film and doing his best southern twang, McConaughey commands the screen and wins over the audience with bis "I'm here to do some good" schtick. Jackson ®Jlp Fiction) is excellent as the distraught father, doing what he believes any other father would do if put in his shoes. Now I have not read the book as my lovely counterpart Gila has; but I think Sandra Bullock's part as Ellen Roark, the law student is played up a bit for "Hollywood" purposes. Ellen, wearing tight fitting skimpy outfits for most of the flick (not that there's anything wrong with that), is the brilliant young mind who always seems to uncover the perfect case for Jake's cause. It was quite unpredictable that she would, are you ready for this-- develop a love interest in Jake. I most definitely didn't see that one coming. Bullock wasn' t nearly as annoying as I thoul ht she'd be, maybe because she wasn't in that much of the movie. I can' t say I completely bought the "brilliant law student" bit, but her witty charm won me over. Kevin Spacey (Usual Suspects) plays the ruthless DA, Rufus Buckley. Donald Sutherland is Lucian Wilbanks, Jake's mentor, and Oliver Platt (Flatliners) is Jake's wise cracking divorce attorney friend, Harry Rex Vonner. Finally, Ashley Judd (Heat) portrays Jake's suffering wife and Kiefer Sutherland (Lost Boys) is one of the local hicks looking for retribution for the killing of the two men. Schumacher capably takes a complex racially charged story-line and pieces things together. As law students, it may be a little more difficult for us to .accept some of the ridiculous legal banter. Some of the court room scenes are quite riveting, so you need to allow for some artistic license. Does everyone in this movie have to be so damn-good looking? Between McConaµghey, Judd,. and Bullock the attractiveness meter was through the roof. Aren't there any ugly people in Mississippi? The characters are what I'd call "cookie cutter". Each fit into their very contrived, predictable, defined roles. Fot fun match up the characters in this movie with the characters in A Few Good Men. Tom Cruise's role goes to McConaughey, Demi Moore is Sandra Bullock and Kevin Bacon is Kevin Spacey. For a Hollywood flick trying to please the greatest number of people possible, I'd say A Time To Kill wasn' t
very
bad.
3 GAVELS
TRAINSPOTTING Starring: Ewan MacGregor Directed by: Danny Boyle Hey kids! Hope you all had a pleasant summer. Now that. school has started, it's back to the books and into the library. As busy law students, most of us don't have the time to see every movie out there. We must choose wisely before investing two or more hours of our precious time for entertainment purposes. That's where we come in. As self proclaimed movie experts, we have been known to argue with each other around school or via the Internet (check out Law School Online's Exchange area) about the good, the bad, and the ugly of what Hollywood has been dishing out. We feel that our movie knowledge and opinions printed on these pages will serve to enlighten you when it comes to choosing that perfect 'flick.' If there's a movie we don't get to review, feel free to approach us or drop us a note chances are we'll have something to say about
it.~1MoH ~AY~··:
This off-beat Scottish film has become this summer's most popular movie import. The . story boils down to the not-so-nice side of heroin use. At a time when rock stars and Hollywood actors are filling headlines with their use of this 'in' drug, this movie approprintely serves its purpose of de-glamorizing heroine. Ewan MacGregor and his buddies are heroin junkies. Their simplistic lives are consumed by when, how; and where they'll get their next fix. MacGregor's character decides to wise up and kick his habit, though it's easier said than done. Trainspotting has a nice variety of cinematic techniques. Some scenes use special angles, giving visual hints that MacGregor's character is a little 'better' than his friends. There's a lot of fecal matter flying around in this film (literally), serving as somewhat of an analogy to the crummy habit ofhetoin use. Despite its depressing subject, Trainspotting is a bizarre and creatively funky film. Rating: Three Stars
11£'(, SIMON!
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SBA
NEWS:
'\ To the Students of New York Law School, My name is John Brien and I am the President of the Student Bar Association (SBA). I would like to take this opportunity to welcome the first year students to NYLS, as well as to extend a warm welcome back to all upperclassmen. For those of you unfamiliar with the SBA I will explain our purpose. We are YOUR representative body, and we work for YOU. You have been gracious enough to elect myself and the rest of the executive board to positions that we do not take lightly. If you have any problems, suggestions, or questions about anything that affects student life at NYLS, we are your voice to the administration. You are free to visit the office of the SBA located in the student center, Room L5, during the Executive Board's office hours, which will be osted outside the office as well as in the SEPTEMBER 1996
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Counselor. You are also free to speak with your . section Senato~s at any time. Your concerns will be aired at the. SBA Senate Meetings which are held once a month. ANY student, whether a Senator or not, is free to attend the meetings and address the Senate. These meetings are open to ALL students. This brings me to my second point: How to become a Senator. Senators are elected at the beginning of each academic year and serve for the entirety of that year. Elections will be held on Tuesday, September 24th and Wednesday, September 25th. To run you must complete a nomination form. These forms, as well as additional information regarding the Senate elections will be available on Club Day, September 10, at the SBNABA- Law Student Division table. Please visit us so that we can answer any questions that you may have. Also available will be applications for enrollment in the Law S.tudent Division of the ABA. I urge you to join the division and take advantage of the many benefits that accompany membership. I now stress the most important thing I will ask of the student body this year: YOUR VOTE. Unfortunately, the voting turnout over
Continued on Page
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New York Law School Reporter
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AL EST
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INlXX)R ! OlJTDCX)R P<X)L ' SUNDECKS * CYBEX • FREE WEIGHTS the past few years has been dismal, but this year we need your vote. Last year the Judiciary Committee drafted an updated and revised version of the Constitution which will change the face of SBA. This Constitution puts us in line with other New York City law schools and allows SBA to function in a far more efficient and successful manner. However, we can not ratify this Constitution without your help. Over the course of two days we need at least 51 % of the student body to vote. That is just over 600 students. I simply can not stress the importance of your vote enough. Unless we get the requisite number of votes, the Constitution will fail, and we will continue to take a backseat to the rest of the law school community. Finally, I would like to share with you some of my goals for the academic year. Students will see a far greater presence of the SBA in student life. I believe we have been grossly underutilized, and that must change. Communication between SBA and students will be greatly enhanced so there will be no more mystery about the workings of SBA. Working with Arny Mellon, your ABNLSD representative, I look forward to much progress this year. I , along with the Executive Board, and the Senate upon election, will seek to make substantive, wholesale changes at NYLS. These changes shall be in the areas that matter most: TUITION, THE LEGAL WRITING PROGRAM, and PARKING, to name a few. These goals are within our grasp and I urge every student to run for a position on the SBA Senate. This year shall be a breakout year for the SBA and I want everyone to be part of it. If you decide not to run for a position, you can still participate in this year of.wholesale change. All you
The Verdict Is s In! ;;ci
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have to do is cast your vote. Together we can make NYLS a better place for all. I am truly grateful that you have given me the opportunity to. be your President, and I wish each and every one of you success this year, both inside and outside the classroom.
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